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(영문) 대법원 2017.11.09 2017도13279
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court found the victim guilty of USD 250,00 as CO with regard to the amount of damage to the fraudulent facts charged against Q, and (2) the defendant resided abroad during the period of judgment by using AA’s passport.

set forth in the first review determination is justified, and was abroad for the purpose of evading criminal punishment during that period.

(3) Recognizing the Defendant’s assertion of the grounds for appeal as to mistake of facts, the lower court rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the subject of adjudication by the court, fraud, the admissibility of evidence of the expert statement prescribed in Article 316 of the Criminal Procedure Act, the judgment of acquittal by the completion of prescription, or by exceeding the bounds

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the sentence of the court below is too excessive to the defendant is not a legitimate ground for final appeal.

Therefore, the appeal is dismissed.

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